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Will of John Docton, Gentleman of Hartland

Proved 8 July 1653

© Crown Copyright

PROB 11/228, Records of the Prerogative Court of Canterbury, Brent Quire Numbers: 166 - 217

Transcribed by David Carter

[Filed in PCC as John DORTON]

In the name of God Amen.
The five and twentieth day of January in the yeare of our Lord one thousand six hundred thirty nine, I John DOCTON of Docton in the parishe of Hartland and County of Devon, gentleman, beinge of perfect mine and memorye doe make and ordeyne this to bee my laste will and testament in manner and forme followinge.
First I commende my soule to God and my bodye to the Christian buryall.
Item: my will is that my executors hereafter names doe allowe competent maintenance for my eldest sonne Thomas towards his duration and breedinge in learninge as shall be meete and convenient for him during his minoritye, and my will and desire is and I doe hereby appointe my brother in lawe Thomas PRUST, my brother Thomas DOCTON, my loveinge friende John HUTCHINGS of Petrockstowe gent, and my cosen Henry PRUST of Clovelly mine Executors here after named to be guardians of my eldest sonne which shall please God to be and protaire(?) to them my said Executors his wardshippe and if all my three sonnes now liveinge doe happen to dye before they attaine their severall ages of of one and twentie years then I will is and I hereby appoint my said executors or the survivor or survivor of them to be gardians(?) and to have the wardshipp of such of my daughters as shall survive(?) my said sonnes duringe theire or eyther of theire minoritye. And whereas I have by be deeds dated the twentieth daie of this instant January for the consideration therein expressed granted and conveyed unto the said Thomas PRUST, Thomas DOCTON, John HUTCHINGS and Henry PRUST theire executors and assisgns, all that my Mannor of Stoke with all the rights members and appurtenances with all other my messuages lands mills and tenements in the said deede mentioned for diverse yeares to commence after my death. My will and meaninge is that the said lessees and theire assignes shall aswell out of the said cleere issues rents and proffitts of the said mannor and other my said lands mills tenements and rents in the said deede mentioned as allsoe out of my personall estate content and paye such debts as I doe justly and truely and unto any person or persons and to performe this my will and testament. And my will is that the said Thomas PRUST, Thomas DOCTON, John HUTCHINGS and Henry PRUST and the survivors and survivor of them theire executors and assignes after that my debts shall bee fully paid and this my will performed they alloweinge themselves theire reasonable charges and expenses in or about the execution of this my will or of anie thinge of things whatsoever concerning my estate and the education of my children and after such tyme as my sonne and heire or daughters and heires which shall please God to be shall attaine theire full age or ages of one and twenty yeares, shall assigne and conveye to my eldest sonne then liveinge and to his heires, the remainder and residue of the terme which shall be to come of and in the said Mannor of Stoke, and of all other the said messuages lands tenements and premises by me to them conveyed by the recyted deed as aforesaid and in case all my said sonnes doe dye before they shall accomplish theire ages of one and twenty years, then the residue of the terme then to come in the premises after my debts paid my will performed and allowances given to me executors as aforesaid to be conveyed by me said executors and the survivors or survivor of them theire executors or assignes to such of my daughters as shall be then liveinge the same to be done after theire full ages of one and twenty yeares. And I doe allsoe intreate mine executors to be carefull of the education of my children, to see them to be instented(?) in the service of God, And to assist my two younger sonnes and my daughters dureinge theire minorities in the leanyeinge of theire severall annuities or yearly rents by me to them by severall deeds granted out of my severall parcells of lande for and towards theire education & maintenance.
Item: I give toward the restoration of the parishe Church of Hartland forty shillings.
Item: I give to the poore of the said parishe of Hartland forty shillings to be distributed at the discretion of myne executors.
Item: I doe give to each of my three brothers Richard DOCTON, Thomas DOCTON and Peter DOCTON and to my three sisters Susane, Rebecca and Jane a ringe of gould of fifteene shillings a peece in memorial of my love towards them.
Item: I give to me sister DYER and my sister LUTTRELL theire children tenne shillings a peece.
All the residue of my goods and chattels, my debts paid my funeral expenses defrayed and this my last will performed I doe wholye give and desire unto the Thomas PRUST, Thomas DOCTON, John HUTCHINGS and Henry PRUST whome I make and ordeyne mine executors of this my last will and testament to and for the use and benefit of my said eldest sonne Thomas DOCTON soe as he shall attaine the age of one and twentie yeares; and if the said Thomas my sonne doe dye before he shall attaine his said age of one and twenty years then to and for the use of such other of my sonne and heire as shall ~?~ and his age of one and twenty years and if in case not anie of my sonnes doe live untill the shall accomplish his age of one and twenty yeares then to the use and benefitt of further of my daughters as shall be then living, And my willis that after my debts paid and my will performed and the reasonable charges expended about the execution of this my will and of all costs and charges laid out by mine executors allowed then they mine executors to be ~~~~pable for the ~~~plus of my estate then remayneinge to my sonne when he shall come to the full age of one and twenty yeares.
Item: I give my my godsonne Blagdon DOCTON twenty shillings.
Item: I give to the residue of godchildren twelve pence a peace.
Item: I doe give to my servant Sarah PAWLINGE five shillings.
In witnesse whereof I the said John DOCTON have hereunto sett my hand and seale and have published and declared this to be my last will and testament - Yearen the saie and yeare first above written, John DOCTON.
Sealed published and declared by the within named John DOCTON to be his last will and testament in the presence of William LUTTRELL, Richard DOCTON, Peter VINE, Sy DRYMAN.

This Will was proved at Westminster before the judges for probate of wills and granting administration according to an Act of Parliament intitled and Act for Probate of Wills and granting Administrations the eighth daye of July in the yeare of our Lord One Thousand six hundred fiftye and three, by the Oathes of Thomas PRUST, Thomas DOCTON, Henry PRUST and John HUTCHINGS, executors named in the said Will, to whom was committed Administration of all and singular the goods chattels and debts of the said deceased, they beinge first sworne by Commission well and truelie to administer the same.